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Cited by

Opinions in Louisiana that cite Estate of Borer v. Louisiana Health Serv. & Indem. Co., 398 So. 2d 1124.

21 citing documents.

  • West v. Safeway Ins. Co. of Louisiana 954 So. 2d 286 La. Ct. App. 2d Cir. 2007
    Borer's Estate v. Louisiana Health Service & Indemnity Co., Breaux v. Bene, 95-1004 (La.App.
  • Louisiana Health Serv. v. Brown Builders. 747 So. 2d 708 La. Ct. App. 2d Cir. 1999
    3d Cir.1985), writ denied, see also discussion in Borer's Estate v. Louisiana Health Service & Indemnity Co., (La.
  • In Re Louisiana Health Service & Indem. 749 So. 2d 610 La. 1999
    Co., Pugh v. Prudential Ins.
  • Hebert v. Magnolia Life Insurance Co. 651 So. 2d 468 La. Ct. App. 1st Cir. 1995
    In Estate of Borer v. Louisiana Health Service & Indemnity Company, the Supreme Court of Louisiana stated: False statements by the insured in the application for insurance vitiate the contract if they were made with the actual intent to deceive, or if such statements “materially affected either the acceptance of the risk or the hazard |8assumed by the insurer.” R.S.
  • Perault v. Time Ins. Co. 633 So. 2d 263 La. Ct. App. 1st Cir. 1993
  • Hebert v. Louisiana Health Service Indemnity Co. 626 So. 2d 96 La. Ct. App. 1st Cir. 1993
    Health Service & Indemnity Co.
  • Ford v. Haab Security Life Insurance Co. 625 So. 2d 729 La. Ct. App. 1st Cir. 1993
    Estate of Borer v. Louisiana Health Service & Indemnity Co., (La.
  • Irving v. US Fidelity & Guar. Co. 606 So. 2d 1365 La. Ct. App. 2d Cir. 1992
    (agreeing, in dictum, that such an approach is proper when applied to the defense of misrepresentation).
  • Shrader v. Life General SEC. Ins. Co. 588 So. 2d 1309 La. Ct. App. 2d Cir. 1991
    [2] Smith v. North American Company for Life, Accident and Health Insurance, overruled on other grounds in Estate of Borer v. Louisiana Health Service & Indemnity Co.
  • Pugh v. Prudential Ins. Co. of America 546 So. 2d 335 La. Ct. App. 3d Cir. 1989
    & H. Ins., which involved a group credit accident and health insurance policy, the court stated: "The requirement [of LSA-R.S.
  • May Co. v. Riverside Life Insurance Co. 546 So. 2d 328 La. Ct. App. 1st Cir. 1989
    The Louisiana Supreme Court in Estate of Borer v. Louisiana Health Service & Indemnity Co., (La.
  • Gardiner v. Old Hickory Cas. Ins. Co. 529 So. 2d 1324 La. Ct. App. 5th Cir. 1988
    the court interpreted R.S.
  • GUARANTY BANK & TR. CO. v. Ideal Mut. Ins. Co. 526 So. 2d 1094 La. 1988
    the insurer sought to deny coverage under a hospitalization policy on the basis the claims were due to a preexisting condition excluded by the insurance contract.
  • Harris v. First Assurance Life of America 526 So. 2d 245 La. Ct. App. 1st Cir. 1988
    In Estate of Borer v. Louisiana Health Service & Indemnity Company, appears the following: The so-called preexisting condition defense, unlike the misrepresentation defense is a question of contract interpretation.
  • Guaranty Bank & Trust Co. v. Ideal Mutual Insurance Co. 517 So. 2d 208 La. Ct. App. 1st Cir. 1987
    The Louisiana Supreme Court in Estate of Borer v. Louisiana Health Service & Indemnity Company, granted writs to consider whether failure to attach the application to the policy should preclude an insurer from asserting a defense based upon misrepresentation and a pre-existing condition.
  • Liberty Mutual Insurance Co. v. Orr 509 So. 2d 1033 La. Ct. App. 1st Cir. 1987
  • Mitchell v. State Farm Fire and Cas. Co. 473 So. 2d 399 La. Ct. App. 3d Cir. 1985
    the Louisiana Supreme Court stated the following: False statements by the insured in the application for insurance vitiate the contract if they were made with the actual intent to deceive, or if such statements "materially affected either the acceptance of the risk or the hazard assumed by the insurer."
  • Murray v. Reserve Life Insurance Co. 467 So. 2d 55 La. Ct. App. 1st Cir. 1985
    Reserve argues that the very terms of the policy make it absolutely void irrespective of the representations or misrepresentations made upon application, (La.
  • Estate of Borer v. Louisiana Health Service 431 So. 2d 49 La. Ct. App. 1st Cir. 1983
    This matter is before us on appeal after remand by the Supreme Court to the trial court, where the court said: "We hold that failure to attach the application to the policy when issued and delivered does not affect the insurer's right to defend on the basis that, by the terms of the policy, coverage is excluded.
  • Thompson v. Business Ins. Life of America 413 So. 2d 331 La. Ct. App. 3d Cir. 1982
    In Estate of Borer v. Louisiana Health Service & Indemnity Company, our Supreme Court construed this statute: "False statements by the insured in the application for insurance vitiate the contract if they were made with the actual intent to deceive, or if such statements `materially affected either the acceptance of risk or the hazard assumed by the insurer.'" Thus, the ins
  • Coleman v. Occidental Life Insurance Co. of North Carolina 407 So. 2d 6 La. Ct. App. 1st Cir. 1981